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SIMS v. SOUTHERN OHIO CORR. FACILITY

Court of Claims of Ohio.
Apr 27, 1988
Important Paras
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DANIEL R. BORCHERT, Deputy Clerk.

THE COURT FINDS THAT:

1. On or about December 24, 1986, defendant, Southern Ohio Correctional Facility, received a sundry package in the mail addressed to plaintiff, Jackie R. Sims;

2. Pursuant to the defendant's institutional policy the package was opened, inspected, and found to contain impermissible items;

3. The impermissible property remained in defendant's custody and was scheduled for return to the original sender;

4. Evidence shows the property was never remailed and has subsequently been considered lost;

5. Plaintiff filed this complaint seeking to recover $52, the estimated value of the lost property;

6. Defendant has admitted liability, but disputes plaintiff's property value estimation;

7. The lost property in question has been verified as used property.

THE COURT CONCLUDES THAT:

1. As trier of fact, this court has the power to award reasonable damages based on evidence presented;

2. The court finds defendant liable to plaintiff in the amount of $20.

IT IS ORDERED THAT:

1. Defendant (Southern Ohio Correctional Facility) pay plaintiff (Jackie R. Sims # 162-398) $20 and such interest as is allowed by law;

2. Costs for this case are assessed against the defendant.

So ordered.